FEDERAL COURT OF AUSTRALIA
Rogers v Asset Loan Co Pty Ltd [2008] FCA 1304
PRACTICE AND PROCEDURE – application for leave to appeal against interlocutory judgment – where no reasonable prospect of success for the proposed appeal - application dismissed
Australian Securities and Investments Commission Act 2001 (Cth)
Federal Court of Australia Act 1976 (Cth) ss 24, 24(1A), 31A
Trade Practices Act 1974 (Cth)
Federal Court Rules O 14 r 8, O 52 r 4, O 52 r 7Décor Corporation Pty Ltd v Dart Industries Inc (1993) 33 FCR 397 applied
Rogers v Asset Loan Pty Ltd [2007] FCA 1371 cited
Reichel v Magrath (1889) 14 App Cas 665 cited
Thirteenth Corp v State (2006) 232 ALR 491 cited
Dey v Victorian Railway Commissioners (1949) 78 CLR 62 cited
General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 cited
White Industries Aust Ltd v Commissioner of Taxation (2007) 160 FCR 298 cited
Granitgard Pty Ltd v Termicide Pest Control Pty Ltd [2008] FCA 55 cited
Rogers v Asset Loan Co Pty Ltd & Ors [2007] FCA 1371 cited
Ebert v The Union Trustee Co of Australia Ltd (1960) 104 CLR 339 cited
Re A Debtor [1958] 1 Ch 81 at 99 citedLYNNE MAREE ROGERS v ASSET LOAN CO PTY LTD ACN 107 746 798, ASSET LOAN COMPANY PTY LTD ACN 101 054 997, PAUL ALEXANDER SYDNEY HARE, RUSSELL FRANK PERCIVAL, JUDITH LORRAINE HARE AS TRUSTEE FOR THE HARE PROPERTY TRUST, RIVERSTONE NOMINEES PTY LTD ACN 063 086 546 AS TRUSTEE FOR THE PERCIVAL FAMILY TRUST NO 2 and SEAN WHITTLE
QUD375 OF 2007
LOGAN J
21 AUGUST 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD375 OF 2007
BETWEEN:
LYNNE MAREE ROGERS
Applicant
AND:
ASSET LOAN CO PTY LTD ACN 107 746 798
First RespondentASSET LOAN COMPANY PTY LTD ACN 101 054 997
Second RespondentPAUL ALEXANDER SYDNEY HARE
Third RespondentRUSSELL FRANK PERCIVAL
Fourth RespondentJUDITH LORRAINE HARE AS TRUSTEE FOR THE HARE PROPERTY TRUST
Fifth RespondentRIVERSTONE NOMINEES PTY LTD ACN 063 086 546 AS TRUSTEE FOR THE PERCIVAL FAMILY TRUST NO 2
Sixth RespondentSEAN WHITTLE
Seventh Respondent
JUDGE:
LOGAN J
DATE OF ORDER:
21 AUGUST 2008
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The application is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD375 OF 2007
BETWEEN:
LYNNE MAREE ROGERS
Applicant
AND:
ASSET LOAN CO PTY LTD ACN 107 746 798
First RespondentASSET LOAN COMPANY PTY LTD ACN 101 054 997
Second RespondentPAUL ALEXANDER SYDNEY HARE
Third RespondentRUSSELL FRANK PERCIVAL
Fourth RespondentJUDITH LORRAINE HARE AS TRUSTEE FOR THE HARE PROPERTY TRUST
Fifth RespondentRIVERSTONE NOMINEES PTY LTD ACN 063 086 546 AS TRUSTEE FOR THE PERCIVAL FAMILY TRUST NO 2
Sixth RespondentSEAN WHITTLE
Seventh Respondent
JUDGE:
LOGAN J
DATE:
21 AUGUST 2008
PLACE:
BRISBANE
REASONS FOR JUDGMENT
The Applicant, Mrs Lynne Maree…
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- Case
- [2008] FCA 1304
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The application is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: LOGAN J
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